英譯法規內容

法規名稱(Title)：

PENALTY STANDARD FOR PROVIDING OVER TIME SHELTERING FOR FOREIGNERS

公發布日(Date)：

2012.10.24

法規沿革(Legislative)：

1.Entire Regulations with 5 Articles enacted and promulgated by Decree Tai-Nei-Yi-Tzu No.1010931502 of the Ministry of the Interior on March 19, 2012 and set to be effective on the same date2.Article 3 amended and promulgated by Decree Tai-Nei-Yi-Tzu No.1010956115 of the Ministry of the Interior on October 24, 2012

法規內文(Content)：

1. The purpose of this Standard is to provide a standard for National Immigration Agency ("Agency") when exercising its administration judicial discretion and to protect the interests of the public in respect of necessary
extension of shelters for Foreigners in terms of Section 15(6) and 38 (2) of the Immigration Ac,; Regulation 18(3) of Regulations Governing the Relations between the People of the Taiwan Area and the People of the Mainland China Area; Regulation 14(2) of Regulations
Governing the Relations with Hong Kong and Macao and Section 4(3) of Rules Governing Establishment and Administration of Shelters for People from Mainland China, Hong Kong and Macau.
2. "Foreigner/s" referred to this Standard means citizens without household register in Taiwan; foreigners (including persons without nationality); people from Hong Kong, Macau or Mainland China.
3. As it deems fit, Agency may extend the shelter period for an additional 60 (sixty) days upon its termination in one of the following circumstances, if the Foreigner/s receiving the shelter:
（1）Is involved in Judicial procedure for criminal trial and is under the custody of Judiciary.
（2）Cannot timeously change, replace of extend his/her passport or travel documents which was lost or become ineffective.
（3）Have not yet finished necessary procedures for going abroad and there is a factual need for the extension.
Can only extend once in case of 3(1) above. But maybe extend 30 (thirty) days after the necessary documents are completed in case of 3(2) above.
3(1) must be confirmed by custody documentations or judgment.
If the Foreigner receiving shelter is involved in a criminal litigation but is not yet under the custody of the Judiciary, Agency should immediately transfer the matter to authority or department to notify the Judiciary whether to decide whether or not to provide
custody.
If the criminal matter in which the Foreign receiving shelter is involved in has entered into judicial process, Agency should notify Judiciary who is responsible for the custody 15 (fifteen) days before extension, compulsory departure or deportation of the
Foreigner concerned. Consent must be obtained from the Judiciary before executing such compulsory departure or deportation. Should the Judiciary deem necessary to detain the Foreigner concerned, Agency must transfer the matter to the Judiciary.

4. When Agency exercising its right under this Standard, subject to 3(1) and (2) above, if there are any doubts as to whether or not to grant such extension based on factual ground, Agency should notify relevant authorities and department of its intention to
execute compulsory departure or deportation within 15(fifteen) days, if the authority and department do not object to this, subject to Judiciary custody and 5(1), it shall be deemed as consent.

In addition to the necessary notifications by the Agency as set out above, Agency must notify relevant authorities or departments of its intention to execute compulsory departure or deportation with 15(fifteen) days upon:
（a）Imprisonment of Foreigners receiving shelter
（b）The 45th day of sheltering period
（c）The 90th day of sheltering period.
5. 3(4) and 4(1) applies to Mainland China, Hong Kong and Macau nationals who is involved in judicial process, Agency shall obtain Judiciary's consent before executing compulsory departure.
This Standard shall not apply to Mainland China nationals who entered Taiwan illegally